Texas Small Estate Affidavit

Texas small estate rules at a glance

Can you use it?

You can generally use the Texas shortcut when all of these are true:

• The probate estate is $75,000 or less (estate assets, not counting the homestead and exempt property; only when there is no will).
• Timing: 30 days after the death.
• No one has been appointed, or applied to be appointed, executor or administrator.
• Real estate: only the homestead, by recording the approved affidavit in the county deed records.

Other Texas rules

• Some courts won't approve one if any heir is a minor.
• For other real estate without a probated will, an affidavit of heirship signed by two people who knew the family is recorded in the county records.

How to use the Texas affidavit

1. Add up the probate estate. List what the person owned in their name alone, with no beneficiary or surviving joint owner, at its value on the date of death.
2. Check the timing. 30 days after the death.
3. Get the paperwork. Ask the probate court clerk in the county where the person lived for the current form.
4. Sign it under oath, usually before a notary, listing each person entitled to the property and their share.
5. File it. Filed with the court clerk and approved by the judge. Once the court accepts it, banks and other holders release the property.
6. Pay debts and distribute. Pay the funeral and valid debts, then distribute under the will or Texas's intestacy law. If you take more than your share, the other heirs and creditors can come after you for it.

The person's final income tax return is still due by April 15 of the year after the death. See the final tax returns guide, and Form 1310 to claim a refund without an executor.

A car has its own paperwork at the county tax office: see how to transfer a car title after death in Texas (VTR-262).

If the estate is over the limit

Then the estate goes through probate: the court appoints an executor, who gets letters testamentary (or letters of administration when there is no will) and settles the estate. Texas's court and forms are in the probate forms by state table. In Texas, creditors have this long to claim: no general deadline. An unsecured creditor sent the executor's optional certified-mail notice must present the claim within 120 days of receiving it. See how long probate takes in Texas.

Use the probate cost calculator to estimate the court, attorney and executor fees.

Texas taxes on a small estate

Texas has no estate or inheritance tax, so a small estate owes no state death tax. See Texas estate tax for the rules heirs still meet, such as income tax on an inherited IRA.

Small estate affidavits in other states

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Or compare them all in the 50-state table.

Related guides

• Letters testamentary: how executors get them, by state
• What is probate? How it works, step by step
• How long does probate take? Timeline by state
• Probate cost calculator: fees by state
• Probate court forms by state
• Transfer a car title after death, by state
• Executor checklist: what to do when someone dies
• Form 1310: claiming a deceased person's tax refund